Employee criminal history background check


Shifting legislation—and attitudes

What are the laws surrounding employment background checks?

Bear in mind there are also several no-go areas for employers who conduct their own in-house background checks. So-called Ban the Box laws have been implemented in many states. In California, for instance, employers are limited to seven years. An employment screening company can let an employer know if there are older public records of felonies.

Asking About Criminal Convictions

They cannot provide the record but can provide a case number. Misdemeanors older than seven years are absolute no-go areas, as are arrests for cannabis possession or use.

Civil matters, such as no-contact orders or temporary restraining orders, are OK to disclose. I recommend staying away from pre-employment screening located outside the United States simply because they do not have the same capabilities as U.

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References and Background Checks

The short-term cost savings are not worth the price of long-term consequences from an inferior report. Hiring a new employee can be exhilarating.

HR Basics: Background Checks

Read Harry Kazakian's full executive profile here Opinions expressed are those of the author. Share to facebook Share to twitter Share to linkedin. Do I qualify?

Harry Kazakian. Read More. If a business makes the decision not to hire a candidate based on their background screening report, they are required by law to initiate the two-step adverse action process.

Criminal History Background Checks

Neglecting this process will expose organizations to lengthy and costly legal action. Companies must always give the candidate adequate time to respond and dispute the decision as well as wait a reasonable amount of time at least five days between notices, or longer if needed. Background screening is an essential part of making a quality hiring decision. Having a documented process and policy in place to make decisions about criminal record disqualifications will help organizations remain consistent, fair and compliant as they evaluate prospective employees.

This publication is for informational purposes only and nothing contained in it should be construed as legal advice.


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